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The  Itata  Incident 


By 

OSGOOD  HARDY 


,v-X 


Reprinted  from  The  Hispanic  American  Historical  Review, 
Volume  V,  No.  2,  May,  1922 


Bancroft  Library 

University  of  California 

WITHDRAWN 


Reprinted  from  The  Hispanx  American  Historical  Review 
Vol.  V,  No.  2,  May,  1922 


THE  ITATA  INCIDENT 

1.  The  Baltimore  Affair  of  1891,  which  nearly  provoked  war 
between  the  United  States  and  Chile,  was  the  direct  outcome  of  the 
anti-United  States  feeling  in  Chile,  in  the  growth  of  which,  the 
Itata  Incident  was  a  very  important  factor. 

On  the  night  of  October  16,  1891,  a  fight  broke  out  in  Val- 
paraiso between  a  mob  of  Chileans  and  a  number  of  American 
sailors  from  the  U.  S.  S.  Baltimore  then  stationed  in  the  harbor 
of  Valparaiso  under  the  command  of  Captain  W.  S.  Schley.1 
As  a  result  of  this  encounter  one  American  sailor  was  killed,  one 
subsequently  died  from  the  injuries  received,  and  seventeen 
were  wounded,  five  of  them  seriously.2  In  the  report  of  the 
affair  made  to  our  Minister  in  Chile^  Mr.  Patrick  Egan,  Captain 
Schley  stated  that  he  believed  that 

the  assault  was  instigated  by  Chilean  sailors  recently  discharged  from 
the  transports,  together  with  the  longshoremen,  and  that  it  was  pre- 
meditated.8 

A  copy  of  this  report  reached  the  State  Department  via  the 
Navy  Department,  and  on  October  23,  Mr.  Wharton,  acting 
for  Secretary  of  State  Blaine,  advised  Mr.  Egan  that  he  should 
bring  to  the  attention  of  the  Chilean  Government  the  fact  that 
the  event  had 

very  deeply  pained  the  people  of  the  United  States,  not  only  by  reason 
of  the  resulting  death  of  one  of  our  sailors  and  the  pitiless  wounding  of 
others,  but  even  more  as  an  apparent  expression  of  unfriendliness 
toward  this  Government  [i.e.  the  United  States]  which  might  imperil 
the  maintenance  of  amicable  relations  between  the  two  countries. 

1  Executive  Documents  of  the  House  of  Representatives  for  the  1st  Session 
of  the  52nd  Congress,  1891-2.  Vol.  34,  no.  91,  p.  105  (no.  2954).  Throughout  this 
report  this  document  will  be  referred  to  as  House  Doc,  page  number  only  being 
given. 

2  Ibid.,  p.  118. 
» Ibid.,  p.  116 

195 


f  ^0<\% 


196  THE   HISPANIC   AMERICAN   HISTORICAL   REVIEW 

It  was  further  stated  that 

If  the  facts  are  as  reported  by  Capt.  Schley,  this  Government  can 
not  doubt  that  the  Government  of  Chile  will  offer  prompt  and 
full  reparation.4 

Progress  towards  settlement  was  slowly  made  during  Novem- 
ber, it  almost  ceased  in  the  early  days  of  December,5  and  finally, 
on  December  12,  it  came  to  a  dead  stop  with  the  publication  of  a 
telegram  from  the  Chilean  Minister  of  Foreign  Affairs,  Sr.  Matta, 
to  the  Chilean  Minister  at  Washington,  Sr.  Don  Pedro  Montt, 
in  which  it  was  stated  among  other  things  that  (referring  to  the 
actions  of  the  United  States  representatives  in  Chile  during  the 
Civil  War), 

the  instructions  (recommending)  impartiality  and  friendship  have  not 
been  complied  with,  neither  now  nor  before. 

Proof  of  this  is  furnished  by  the  demands  of  Balmaceda  and  the  con- 
cessions made  in  June  and  July,  the  whole  Itata  affair,  the  San  Francisco 
at  Quintero,  and  the  cable  companies.6 

and  most  striking  of  all, 

The  statement  that  the  North  American  seamen  were  attacked  in 
various  localities  at  the  same  time  is  deliberately  incorrect.7 

In  view  "of  the  expectation  that  was  held  out  of  a  withdrawal 
and  suitable  apology"8  notice  of  "the  palpable  insults"9  contained 
in  this  telegram  was  delayed10  during  the  inauguration  of  the 
new  President  of  Chile11  and  the  formation  of  a  cabinet  with  the 
members  of  which  our  Minister  Mr.  Egan  had  "  excellent  rela- 
tions".12 Two  weeks,  however,  having  passed  without  satis- 
faction being  given,  on  January  17,  1892,  Mr.  Blaine  wired  that 

« Ibid.,  p.  107-8 

5  Ibid.,  p.  172.  Mr.  Egan  was  then  involved  in  disputes  over  his  right  to  provide 
an  asylum  for  political  refugees. 

6  Italicized  by  the  writer. 

7  House  Doc.  pp.  179-80 

8  Ibid.,  p.  194 

9  Ibid.,  p.  191 

10  Ibid.,  p.  194 

11  Ibid.,  p.  187.    This  took  place  on  December  26,  1891. 

12  Ibid 


THE   ITATA   INCIDENT  197 

the  desired  withdrawal  by  President  Montt  of  everything  of  a  dis- 
courteous character  should  be  done  freely  and  in  suitable  terms  by 
Chile. 

The  message  closed  with  the  statement, 

He  [Mr.  Blaine]  enjoins  prompt  action.13 

The  "prompt  action"  enjoined  was  not  forthcoming,  with  the 
result  that  January  21,  1892,  Secretary  Blaine  wired  Minister 
Egan, 

I  am  now  directed  by  the  President  to  say  that  if  the  offensive  parts 
of  the  dispatch  of  the  11th  of  December  are  not  at  once  withdrawn,  and 
a  suitable  apology  offered  with  the  same  publicity  that  was  given  to 
the  offensive  expressions,  he  will  have  no  other  course  open  to  him  except 
to  terminate  diplomatic  relations  with  the  Government  of  Chile. 

On  January  25,  1892,  President  Harrison  sent14  a  message 
to  Congress  submitting  the  correspondence  between  the  Govern- 
ment of  the  United  States  and  the  Government  of  Chile  from 
the  time  of  the  breaking  out  of  the  revolution  against  President 
Balmaceda,  in  which  the  President  stated:16 

In  submitting  these  papers  to  Congress  for  that  grave  and  patriotic 
consideration  which  the  questions  involved  demand,  I  desire  to  say 
that  I  am  of  the  opinion  that  the  demands  made  of  Chile  by  this  Govern- 
ment should  be  adhered  to  and  enforced.16 

"This  message  of  the  President  was  looked  upon  by  the  Ameri- 
can people  as  the  precursor  of  a  virtual  declaration  of  war  by 
Congress  and  it  looked  as  if  little  Chile  was  doomed.  For  months 
previous  to  the  sending  in  of  the  message,  the  most  active  prep- 
arations had  been  carried  on  in  the  navy-yards,  in  the  fitting 
out  of  the  cruisers,  and  the  air  on  all  sides  was  filled  with  talk 
of  war  and,  in  some  instances,  disapprobation  of  such  a  great 

m  Ibid.,  p.  191 
14  Ibid.,  p.  194 
»  Ibid.,  p.  Ill 
"  Ibid.,  p.  XIII. 


198  THE    HISPANIC   AMERICAN   HISTORICAL   REVIEW 

nation  as  the  United  States  going  to  war  with  such  a  weak 
nation  as  Chile,  and  a  sister  Republic".17 

Fortunately,  however,  matters  failed  to  reach  the  crisis  which 
was  foreshadowed.  On  the  same  day  that  President  Harrison 
submitted  his  message  to  Congress,  Minister  Egan  wired  a  reply 
from  the  Chilean  Government18  which  lessened  the  tension; 
on  January  30,  1892,  Secretary  Blaine  wired  Egan  that 

In  the  President's  belief,  it  will  be  easy  to  reach  a  full  and  honorable 
adjustment  of  all  unsettled  matters.19 

The  President's  belief  was  justified.  After  long  and  rather 
tedious  negotiations  the  matter  was  settled  on  September  1, 
1892,  when  Minister  Egan  reported  to  Washington  the  receipt 
of  bills  of  exchange  for  $75,000,  a  sum  which  the  Chilean  Gov- 
ernment turned  over  to  the  United  States  in  reimbursement  of 
the  injuries  done  to  the  American  sailors  in  the  Valparaiso  riot.20 

The  importance  of  the  Itata  Incident  in  bringing  about  the 
ill-feeling  which  resulted  in  the  Baltimore  Affair  is  clearly  attested. 
Our  naval  officials  in  Chilean  waters  early  noted  this  fact,  and 
continued  to  stress  it  until  the  final  settlement  of  the  Baltimore 
Affair.21    Minister  Egan  stated  unqualifiedly  that 

Since  the  unfortunate  incident  of  the  Itata  the  young  and  unthinking 
element  of  those  who  were  in  opposition  to  the  Government  [i.e. 
Balmaceda]  have  had  a  bitter  feeling  against  the  United  States.22 

17  Thomas  Campbell-Copeland,  Harrison  &  Reid,  their  lives  and  Records  (New 
York,  1892),  p.  197.  For  a  longer  account  based  on  statements  of  Secretary  Tracy, 
see  William  Eleroy  Curtis,  Between  the  Andes  and  the  Ocean  (Chicago,  1900), 
pp.  411-13. 

18  Papers  relating  to  the  Foreign  Relations  of  the  United  States,  transmitted  to 
Congress  with  the  Annual  Message  of  the  President  (Washington,  1892),  p.  309. 
This  volume  will  be  referred  to  as  "For.  Rel."  page  number  only,  being  given. 

19  Ibid.,  p.  312. 

20  For.  Rel.,  1893,  pp.  58-69. 

21  House  Doc,  pp.  251-3,  271-2,  290,  325-7,  388,  587.  Robley  D.  Evans,  A  Sail- 
or's Log  (New  York,  1911),  p.  266. 

22  For.  Rel.,  1892,  p.  163.    See  also  House  Doc.  p.  77. 


THE   ITATA  INCIDENT  199 

Numerous  contemporary  writers  for  newspapers  and  magazines 
brought  out  the  same  idea,23  and  it  has  been  repeated  by  later 
writers  regarding  things  Hispanic-American.24  Of  these  last, 
Mr.  John  Bassett  Moore,  in  his  article  "The  Chilean  Contro- 
versy" gives  what  is  probably  the  clearest  and  best  tempered 
statement.26 

In  the  knowledge  of  the  writer,  no  detailed  treatment  has 
ever  been  made  of  the  Itata  Incident.  In  many  general  accounts 
errors  appear  which,  while  in  some  cases  not  vital,  are  of  such 
character  that  if  American  history  is  to  be  written  accurately 
they  should  be  corrected.26  Finally,  since  the  Itata  Incident 
was  a  factor  in  an  event  which  nearly  brought  us  into  war  with 
Chile,  an  account  of  it  should  be  of  interest  to  all  students  of 
the  history  of  the  United  States  and  Hispanic  America. 

2.  The  Itata  Incident  was  the  result  of  an  attempt  on  the  part  of 
the  Chilean  Congressional  Party  to  secure,  in  the  United  States, 
the  arms  needed  by  them  in  the  prosecution  of  their  struggle  with 

"  George  L.  Dyer,  in  California  Illustrated  Magazine,  I.  (1892),  138.  H.  Perry, 
in  San  Francisco  Evening  Bulletin,  November  2, 1891 .  Letter  of  June  15  to  the  New 
York  Times,  reprinted  in  the  San  Francisco  Evening  Bulletin,  July  11,  1891. 

S4  William  Eleroy  Curtis,  The  United  States  and  Foreign  Powers,  New  York, 
1899,  pp.  90-1;  Davis  Kirk  Dewey,  National  Problems,  "American  Nation  series", 
vol.  24,  New  York,  1907,  p.  215. 

"  John  Bassett  Moore,  "The  Chilean  Controversy",  in  Political  Science  Quart- 
erly (1893)  469. 

"  Harry  Thurston  Peck,  "Twenty  years  of  the  Republic— A  Spirited  Foreign 
Policy"— in  Bookman,  XXI.  (1905),  369;  William  Eleroy  Curtis,  Between  the  An- 
des and  the  Ocean,  p.  409;  John  Bassett  Moore,  ut  supra,  pp.  468-469.  The  Ameri- 
cana (New  York,  1919),  XV.  557;  Davis  Kirk  Dewey,  ut  supra  p.  215;  AlbertBush- 
nell  Hart,  Practical  Essays  on  American  Government"  (New  York  1894),  p.  110; 
Brigadier  General  G.  G.  Aston,  C.  B.,  Letters  on  Amphibious  Wars  (London,  1911), 
p.  13;  Sir  William  Lairds  Clowes,  Four  Modern  Naval  Campaigns  (New  York, 
1902),  pp.  150-152.  It  is  impossible  to  quote  here  all  the  passages  referring  to  the 
Itata  Incident;  the  prevalent  errors  can  best  be  illustrated  by  quoting  one  sentence 
from  Prof.  Hart's  essay  on  "The  Chilean  Controversy".  On  page  110  of  the 
above  mentioned  book  he  states:  "This  feeling  rose  to  great  excitement  when 
it  was  announced  that  the  Itata,  a  merchant  steamer  chartered  by  the  Congres- 
sionalists,  on  May  6th,  1891,  had  slipped  out  of  a  California  port  with  arms  on 
board".  The  italics  are  by  the  writer  of  the  present  article.  As  will  appear  later, 
the  Itata  was  not  chartered  but  seized  by  the  Congressionalists,  it  made  its  escape 
on  May  6,  not  May  5,  and  the  arms  which  played  such  a  part  in  the  affair,  were  not 
received  by  the  Itata  until  either  the  7th  or  9th  of  May. 


200  THE   HISPANIC   AMERICAN   HISTORICAL    REVIEW 

President  Balmaceda  during  the  Chilean  Civil  War,  January  to 
September,  1891. 

Sr.  Don  Jose"  Manuel  Balmaceda  was  installed  as  President  of 
Chile  on  September  18,  1886,  for  a  term  of  five  years.  Popular 
at  first,  it  was  not  long  before  he  encountered  serious  opposition. 
His  political  theories,  which  were  based  on  a  desire  for  a  govern- 
ment by  the  masses,  were  opposed  by  the  aristocracy,  capitalists, 
and  clergy.27  His  proposed  reforms  were  aimed  at  the  nepotism 
then  prevalent  in  Chile  and  naturally  were  not  received  with 
favor  by  the  governing  class.28  His  expenditures  on  railroads, 
hospitals,  schools,  and  other  public  works,  were  bitterly  criti- 
cized.29 Finally,  his  desire  to  secure  for  the  Chileans  themselves 
the  benefits  to  be  obtained  from  the  development  of  their  natural 
resources  excited  against  him  the  ill-will  of  the  foreign  companies 
whose  monetary  gains  would  be  affected  by  a  policy  of  "Chile 
for  the  Chileans".30 

Balmaceda  was  unmoved,  however,  by  this  storm  of  criti- 
cism, and,  towards  the  end  of  his  administration,  in  order  to  make 
certain  that  his  policies  would  be  carried  out,  took  steps  to 
secure  the  election  of  one  of  his  followers.31  By  refusing  to 
pass  the  estimates  necessary  for  the  continuance  of  the  financial 
administration  of  the  government,  the  opposition  majority, 
during  the  last  year  of  his  term,  attempted  to  force  its  will  on 
Balmaceda.32  The  president  met  this  move  by  closing  the  extra- 
ordinary session  called  in  the  latter  months  of  1890,33  by  re- 
fusing to  call  a  new  session,  and  by  issuing,  on  January  1,  1891, 

"  Saturday  Review,  LXXI.  (1891)  521-522. 

18  Anson  Uriel  Hancock,  A  History  of  Chile  (Chicago,  1893),  p.  330. 

39  Hancock,  ibid.,  p.  331;  C.  de  Varigny,  "La  Guerre  Civile  au  Chile",  in 
Revue  des  Deux  Mondes,  CVIII.  (1891)  p.  409;  "The  Chilean  Revolution"  by 
an  Old  Resident,  in  Contemporary  Review,  LX.  127. 

10  Maurice  H.  Hervey,  Dark  Days  in  Chile  (London,  1892),  p.  105.  For  an 
excellent  review  of  this  book  see,  Saturday  Review  (1892),  732. 

31  Pedro  Montt,  Exposition  of  the  Illegal  Acts  of  Ex-President  Balmaceda  (Wash- 
ington, 1891),  p.  8;  Ricardo  L.  Trumbull,  "The  Chilean  Struggle  for  Liberty", 
in  Forum,  XI.  (1891),  645;  House  Doc.  p.  1. 

M  Hancock,  ut  supra,  p.  336. 

•»  House  Doc,  p.  3. 


THE   ITATA   INCIDENT  201 

a  manifesto  declaring  his  intention  to  rule  under  the  old  estimates 
until  the  new  elections  due  to  take  place  that  year  could  be 
held.34 

The  same  day  a  rump  parliament  was  formed  which  declared 
Balmaceda  deposed;35  on  the  6th  of  January  the  navy  was  placed 
under  the  command  of  Don  Jorge  Montt;36  on  the  7th  of  January 
President  Balmaceda  declared  that  martial  law  existed;37  and 
on  the  8th  day  of  January  Chile  was  in  a  state  of  civil  war.  By 
the  end  of  January,  the  congressional  party  had  secured  control 
of  practically  all  the  navy,  while  Balmaceda  had  retained  the  sup- 
port of  the  army.38 

The  loyalty  of  the  army  to  the  president  made  it  impossible 
for  the  congressional  forces  to  make  any  headway  in  the  southern 
part  of  Chile  and  in  the  vicinity  of  the  capital,  with  the  result 
that  they  turned  their  attention  towards  the  north.  Iquique, 
the  center  of  the  nitrate  region,  was  occupied  February  16.  On 
March  7,  the  battle  of  Pozo  Almonte  gave  them  possession  of 
all  of  Tarapaca.  During  the  latter  part  of  the  month  the  prov- 
ince of  Antofagasta  was  cleared  of  Balmacedists,  Tacna  was 
taken  in  April,  and  by  the  end  of  May,  Atacama  was  in  their 
power.39 

At  the  close  then  of  the  nitrate  campaign,  the  situation  in 
Chile  was  as  follows.  Balmaceda  was  supreme,  on  the  land,  in 
the  south.  This  supremacy  availed  him  nothing,  however, 
as  regards  putting  down  the  uprising  in  the  north  because  of  the 
fact  that  the  topography  of  the  intervening  country  made  it 
impossible  to  transport  an  army  to  the  regions  held  by  the  con- 
gressional party  without  the  support  of  sea  forces,40  and  these 
Balmaceda  did  not  have.  On  the  other  hand,  although  the 
congressional  party  had  a  navy,  they  did  not  have  the  arms  and 

u  Memorandum  de  la  Revolution  de  1891   (Santiago,  1892),  pp.  7-25.    This 
manifesto  is  translated  in  House  Doc,  pp.  6-15. 
"  Ibid.,  pp.  25-30. 
»•  Ibid.,  pp.  31-32. 
"  Ibid.,  pp.  32-33. 
18  Hancock,  ut  supra,  pp.  340-341;  Mem.  de  la  Rev.  pp.  1-6. 

39  Pedro  Montt,  ut  supra,  pp.  20-21. 

40  Isaiah  Bowman,  South  America,  a  Geography  Reader  (New  York,  1915), 
pp.  120-121. 


202  THE   HISPANIC  AMERICAN  HISTORICAL   REVIEW 

ammunition  necessary  for  the  equipment  of  an  army  which  could 
drive  Balmaceda  and  his  forces  out  of  the  central  and  southern 
portion  of  Chile.  The  struggle  thus  resolved  itself  into  a  race. 
Balmaceda  was  striving  to  secure  ships  while  the  congressional 
party  was  attempting  to  purchase  arms,  success  being  assured 
to  the  side  which  should  attain  its  desiderata  first.41 

In  this  race  the  congressional  party  really  had  the  better  of  it. 
By  getting  control  of  the  nitrate  region  they  had  deprived 
Balmaceda  of  his  principal,  and  almost  only  source  of  revenue. 
The  export  duties  were  said  to  amount  to  approximately  $1,250- 
000  a  month.42  Furthermore,  inasmuch  as  they  had  control 
of  the  sea,  and  as  long  as  they  could  keep  it  their  problem  was 
merely  the  matter  of  obtaining  arms  in  foreign  countries  and 
transporting  them  to  Iquique  which  they  had  made  the  center 
of  their  operations. 

Accordingly  then,  Ricardo  (i.e.,  Richard)  Trumbull  was 
sent  to  the  United  States  for  the  purpose  of  purchasing  arms. 
This  selection  was  a  most  happy  one.  Descendant  of  that 
Jonathan  Trumbull  who  was  the  original  " Brother  Jonathan",43 
nephew  of  the  well  known  middle  westerner  Lyman  Trumbull,44 
a  graduate  of  Yale  College,  thirty-one  years  of  age,45  speaking 
English  like  an  Englishman46  Trumbull  proved  himself  worthy 
of  the  confidence  which  had  been  reposed  in  him.  He  arrived 
in  New  York,  March  5,  1891,  and  immediately  put  himself  in 
touch  with  the  well-known  firm  of  W.  R.  Grace  &  Co.47    Through 

41  Aston,  ut  supra,  p.  5. 
4*  House  Doc,  p.  254. 

43  Hart,  ut  supra,  p.  102. 

44  Information  obtained  in  an  interview  with  Mr.  George  Denis,  counsel  for 
the  defendant  in  the  case  U.  S.  vs.  Trumbull,  48  Fed.  Rep.  99. 

46  Yale  University  Obituary  Record,  New  Haven,  June,  1894. 

46  See  Daily  Alta  California,  May  12, 1891. 

47  Luis  BafLados  Espinoza,  Balmaceda — su  gobierno  y  la  revolucidn  de  1891 
(Paris,  1894),  407.  The  part  which  the  firm  of  W.  R.  Grace  &  Co.,  played  in  the 
purchase  of  the  arms  and  ammunition  which  were  to  become  the  cargo  of  the 
Itata  still  remains  to  be  solved.  The  writer  communicated  with  the  company  in 
quest  of  information  and  received  a  courteous  reply  on  December  3,  1921,  to  the 
effect  that  neither  the  firm,  nor  Mr.  W.  R.  Grace,  assisted  Ricardo  A.  Trumbull 
in  the  purchase  of  military  supplies.  However,  the  name  of  the  firm  appears 
everywhere  that  one  looks  for  information  regarding  the  purchase  of  the  arms  in 


THE    ITATA   INCIDENT  203 

W.  W.  Reynolds  of  Hartley  &  Graham,  17  Maiden  Lane,  N.  Y.48 
Trumbull  purchased  2,000  cases  of  U.  M.  C.  rifle  ammunition, 
.43  caliber,  1,000  rounds  per  case,  and  250  cases  of  rifles,  part 
Remington  and  part  Lee  Magazine,  .11  gauge,  200  to  the  case.49 
Arrangements  were  made  by  Trumbull  with  George  A.  Burt 
to  ship  the  arms  from  New  York  to  San  Francisco  or  Oakland 
from  which  it  was  intended  that  they  should  be  delivered  to 
a  steamer  sent  from  Chile  to  transport  the  arms  to  Iquique.60 
This  done,  Trumbull  advised  the  Junta  in  Iquique  of  the  state 

question.  Sr.  Bafiados  Espinoza,  quoting  from  the  "Exposicion  de  Trumbull", 
which  the  writer  has  not  been  able  to  come  upon  as  yet,  says  (translation),  "Wil- 
liam R.  Grace,  a  man  of  great  prestige,  ex-mayor  of  New  York,  worked  in  the  cause 
of  the  Constitutional  Party  with  decision  and  enthusiasm  for  which  we  can  never 
thank  him  enough"  (p.  408).  The  Daily  Alta  Califomian  of  May  7,  published  a 
telegram  from  the  Chicago  Interocean  which  quoted  its  Washington  correspondent 
as  saying  that  it  was  supposed  Trumbull  bought  his  arms  from  W.R.Grace  &  Co. 
The  Los  Angeles  Times  of  May  8,  printed  a  dispatch  from  San  Diego  to  the  effect 
that  the  drafts  presented  to  the  local  bank  by  the  captain  of  the  Itata  were  not 
cashed  until  communication  had  been  made  with  W.  R.  Grace  &  Co.,  which  firm 
replied  that  the  drafts  were  good.  On  September  10,  the  San  Francisco  Evening 
Bulletin  printed  the  following,  "The  Star  (of  Washington,  D.  C.)  this  afternoon 
prints  a  statement  that  the  Itata  is  to  be  returned  to  Chile  in  accordance  with  terms 
of  a  compromise  effected  at  a  conference  between  ex-Mayor  Grace  of  New  York 
and  the  Chilean  Congressional  Representatives  on  the  one  hand,  and  Secretary 
Tracy  and  Attorney  General  Miller  on  the  other".  On  October  9,  a  subpoena  to 
appear  as  a  witness  on  behalf  of  the  United  States  government  in  the  case  of 
U.  S.  vs  Trumbull  was  served  on  John  W.  Grace  of  Hanover  Square,  New  York 
where  are  located  the  home  offces  of  this  Company  (no.  242,  United  States  District 
Court,  Southern  District  of  California,  U.  S.  vs.  Ricardo  Trumbull,  Papers  in 
the  case,  Office  of  the  Clerk  of  the  District  Clerk,  Federal  Bldg.,  Los  Angeles, 
California.)  The  writer  was  permitted  to  examine  the  papers  on  file  in  the  office 
of  the  District  Clerk  in  Los  Angeles.  These  papers  will  hereafter  be  referred  to 
by  the  number  of  the  case,  title  of  the  case,  and  the  note  "Papers  in  the  Case"). 
Finally,  on  December  30,  Minister  Egan  reported  to  Washington  that  the 
Chilean  government,  the  Congressional  Party  of  this  report,  had  received  from 
Grace  &  Co.  information  as  to  the  intention  of  the  United  States  Government  to 
deliver  an  ultimatum  (For.  Rel.,  1891,  p.  284).  In  all  probability  the  firm  of  W. 
R.  Grace  &  Co.,  never  permitted  itself  to  have  official  relations  with  the  representa- 
tives of  the  Congressional  Party,  but  it  may  well  be  that  unofficially  members  of 
the  firm  sympathized  with  the  aims  of  the  Congressional  Party  and  furthered  its 
interests. 

48  No.  242,  U.  S.  vs  Trumbull,  Papers  in  the  Case.    Praecipe  for  witnesses. 

49  House  Doc,  p.  270. 

40  No.  242,  U.  S.  vs  Trumbull,  Papers  in  the  case,  Praecipe  for  witnesses. 


204  THE   HISPANIC   AMERICAN   HISTORICAL   REVIEW 

of  affairs  and  received  word  that  the  Itata  would  set  sail  imme- 
diately.51 

The  Itata,  built  in  England  in  1873,  was  an  iron  steamer  with 
screw  propeller  and  compound  engines,  capable  of  making  be- 
tween nine  and  ten  knots  per  hour.52  It  was  the  property  of  the 
Companfa  Sud  Americana  de  Vapores  but  had  been  taken  over 
by  the  congressional  party  on  January  16,  in  the  harbor  of  Val- 
paraiso.53 The  Itata  left  Arica  bound  for  San  Diego,  California, 
April  8,54  and  arrived  at  its  destination  on  May  3,  1891. 55 

The  arrival  of  the  steamer  at  San  Diego  excited  some  little 
comment,  but  when  interviewed,  the  commanding  officer,  Cap- 
tain Manzenn,56  gave  out  a  most  innocuous  story,  well  calcu- 
lated to  allay  the  suspicions  of  any  hearer.  As  reported  in  the 
newspapers57  he  stated  that  the  Itata,  hailing  from  Iquique 
had  put  into  San  Diego  for  provisions  and  possibly  coal.  He 
was  bound  for  San  Francisco  with  a  full  complement  of  passen- 
gers and  some  merchandise.  The  ship  was  owned  by  W.  R. 
Grace  &  Co,58  under  whose  orders  it  had  come  to  San  Diego,  and, 
on  leaving  San  Francisco,  the  intention  was  to  go  to  Vancouver 
where  the  ship  would  lay  up  for  repairs.59 

On  May  4,  the  harbor  authorities  gave  the  Itata  the  right 
to  take  on  ballast,  cargo,  and  coal,60  and  during  that  day  and  the 

51  Banados  Espinoza,  ut  supra,  II.  408. 

62  Daily  Alta  Calif ornian,  May  11,  1891. 

M  No.  248,  U.  S.,  vs.  Itata,  Papers  in  the  case,  Government  Exhibit  A. 

64  Mem.  de  la  Rev.,  p.  148. 

55  Banados  Espinoza,  ut  supra,  II.  408. 

66  This  name  appears  with  various  spellings.  That  adopted  is  the  one  used  by 
Captain  Tejeda  of  the  Itata,  the  actual  commander  of  the  steamer  (Captain 
Manzenn  being  only  the  dummy  commander),  in  his  "Parte",  Mem.  de  la  Rev., 
p.  407. 

67  Daily  Alta  Calif  ornian,  May  5,  1891. 

88  This  statement  was  immediately  denied  by  W.  R.  Grace  &  Co.  who  gave  out 
the  information  that  they  were  merely  the  agents  for  the  Compafiia  Sud-Ameri- 
cana  de  Vapores,  the  real  owners  of  the  Itata. 

69  The  Report  and  Manifest  of  the  Itata,  as  received  at  the  office  of  the  Col- 
lector of  the  Port  of  San  Diego,  stated  that  the  Itata  was  bound  for  Victoria, 
via  San  Francisco,  with  a  cargo  and  stores  valued  at  $10,163.85.  (No.  242,  U.  S. 
vs  Trumbull,  Papers  in  the  case,  Government  Exhibit,  No.   8.) 

60  No.  248,  U.  S.  vs  Itata,  Papers  in  the  case,  Government  Exhibit  No.  1. 


THE   ITATA   INCIDENT  205 

next  the  ship's  crew  went  merrily  about  their  tasks.  The  work 
of  loading  supplies  and  of  coaling  progressed  to  such  an  extent 
that  it  seemed  the  Itata  would  be  ready  to  leave  the  evening 
of  the  5th  or  the  morning  of  the  6th.  The  captain's  plans,  how- 
ever, were  badly  disarranged  by  the  visit  of  the  United  States 
marshall,  Major  George  R.  Gard,  on  the  evening  of  May  5;  as  a 
result  of  this  visit  the  captain  and  the  vessel  were  placed  under 
arrest,  and  a  deputy  left  on  board  to  retain  possession  of  the 
Itata  in  behalf  of  the  United  States  authorities.61 

The  seizure  of  the  Itata  marks  the  beginning  of  what  may  be 
called  the  "  Itata  Incident". 

8.  The  detention  of  the  Itata  was  ordered  by  the  United  States 
Attorney  General  as  a  result  of  the  allegations  made  by  the  Balmaceda 
representative  in  Washington  to  the  effect  that  the  Itata  was  in 
American  waters  for  the  purpose  of  committing  acts  which  would 
constitute  a  breach  of  the  United  States  neutrality  laws. 

Shortly  after  the  arrival  of  Mr.  Trumbull  in  the  United  States, 
the  Balmaceda  representative  in  Washington,  Sr.  Don  Prudencio 
Lazcano,  approached  Mr.  Blaine,  then  secretary  of  state,  with 
the  information  that  the  Balmaceda  Government  had  issued  a 
decree  prohibiting  the  import  into  Chile  of  arms  and  ammunition, 
stating  that  he  was  especially  moved  to  make  this  communica- 
tion because  of 

the  arrival  in  New  York  of  an  agent  of  the  Chilean  insurrectionary  force 
for  the  purpose  of  purchasing  in  this  country,  arms  and  munitions  of 
war  to  maintain  the  rebellion  in  Chile.82 

Mr.  Lazcano,  however,  lost  the  first  round  of  the  fight  which 
he  started  to  prevent  the  shipping  of  munitions  to  Chile.  Mr. 
Blaine  answered  him  to  the  effect  that  our  laws  did  not  prohibit 
the  export  of  arms  in  accordance  with  international  law,  and 
further  advised  him  that  our  laws  were  put  in  force  upon  appli- 
cation to  the  courts  invested  with  power  to  enforce  them.63 

But  this  rebuff  did  not  deter  the  tenacious  Mr.  Lazcano.' 

M  Daily  Alta  Calif ornian,  May  6,  1891. 
•*  For.  Rel,  1892,  p.  314. 
"  IUd.,  pp.  311-315. 


206  THE   HISPANIC   AMERICAN   HISTORICAL   REVIEW 

Through  detectives  he  found  out  the  plans  of  the  congressional 
party  to  ship  the  arms  and  ammunition  to  California,  and  with 
the  efficient  aid  of  Mr.  John  W.  Foster,  who  was  retained  as 
counsel  by  the  Balmacedist  party,  he  returned  anew  to  the  fight.64 
In  the  meantime,  the  arms  in  question  had  been  shipped  to 
Oakland,  where  on  April  21,65  they  were  loaded  on  a  schooner 
called  the  Robert  &  Minnie  which  had  been  in  the  coasting  trade, 
habitually  running  between  San  Francisco  and  Humboldt.66 
As  it  sailed  under  a  coasting  license,  the  Robert  &  Minnie  was 
free  to  go  and  come  between  American  ports  without  entering 
its  manifest;  there  was,  therefore,  no  reason  for  the  harbor  authori- 
ties in  San  Francisco  to  pay  any  especial  attention  to  its  cargo. 
The  loading  was  done  in  broad  daylight  at  the  Oakland  mole.67 
On  May  23,  the  captain  of  the  vessel  signed  a  receipt  for  the 
cargo 

to  be  delivered  at  such  port  on  the  southern  coast  of  California,  U.  S.  A. 
as  may  be  designated  by  charterers'  agents,68 

and  at  6:00  A.M.,  towed  by  the  Vigilant,  the  Robert  &  Minnie 
started  for  the  neighborhood  of  Catalina  Island.  Previous  to 
its  departure,  the  customs  officials  had  seemed  suspicious  of  the 
actions  of  the  Robert  &  Minnie,  but  they  did  nothing  to  hinder 
its  departure.69 

As  soon  as  Mr.  Lazcano  heard  of  the  plan  to  ship  the  arms 
from  San  Francisco  on  the  Robert  &  Minnie,  he  went  to  the  State 
Department  asking  that  through  the  proper  legal  channels  the 
cargo  should  be  detained.70  In  the  meantime,  the  Robert  & 
Minnie,  which  had  been  hovering  around  Catalina,  was  boarded 
by  customs  officials  from  Wilmington,  who  reported  to  Washing- 
ton that  the  schooner  was  loaded  with  Remington  rifles  and 
cartridges  in  charge  of  a  man  named  "  Brush"  (really  Burt)  who 

64  John  W.  Foster,  Diplomatic  Memoirs  (New  York,  1909),  II.  289. 
66  47  Fed.  Rep.  85. 

66  San  Francisco  Evening  Bulletin,  May  8,  1921. 

67  Daily  Alta  Calif ornian,  May  11,  1891. 

68  No.  242,  U.  S.  vs  Trumbull,  Papers  in  the  case,  Government  Exhibit  No  7. 

69  Daily  Alta  Calif  ornian,  May  11,  1891. 

70  Banados  Espinoza,  ut  supra,  II.  409. 


THE   ITATA   INCIDENT  207 

refused  to  say  for  whom  the  arms  were  destined.71  Nothing  was 
done  by  them,  however,  for  they  were  advised  the  same  day, 
May  2,  that  there  was  no  reason  for  interference  in  the  transfer 
of  arms  from  the  Robert  &  Minnie  to  a  transport  for  reshipment.72 

The  agitation  of  Mr.  Lazcano  in  Washington  began  to  bear 
fruit  on  May  4.  A  long  wire  to  the  United  States  district  attor- 
ney in  Los  Angeles,  Mr.  Willoughby  Cole,  gave  him  the  facts 
as  they  had  been  outlined  to  the  State  Department  by  Mr.  Laz- 
cano and  ordered  him  to  prevent  the  sailing  of  the  Robert  & 
Minnie  from  Wilmington  and  to  investigate  fully.73 

At  this  point  the  hand  of  Mr.  Lazcano's  deus  ex  machina, 
John  W.  Foster,  first  appears  openly.  He  sent  Judge  A.  Brun- 
son  of  Los  Angeles  a  request  to  cooperate  with  the  district  attor- 
ney respecting  the  detention  of  the  vessel  and  arms  destined  for 
the  Chilean  insurgents,74  following  this  wire  with  another  the 
next  day,  stating 

Insurgents  steamer  Itata  subject  to  seizure  under  section  4297,  see 
25  Fed.  Rep.  Important  detain  by  legal  proceeding  even  if  eventually 
defeated.    Attorney  General  will  not  object.75 

Before  the  orders  as  to  the  detention  of  the  Itata  reached  Mr. 
Cole,  the  Robert  &  Minnie  had  left  the  vicinity  of  Catalina  Is- 
land. Accordingly  May  4,  Attorney  General  W.  H.  Miller 
wired  Cole: 

Am  advised  Schooner  Robert  &  Minnie  has  left  Wilmington  and  that 
insurgent  war  vessel  has  come  into  San  Diego.  Probably  the  two  are 
to  meet.  Have  Marshal  at  San  Diego  watch  schooner  and  detain 
her;78 

71  Daily  Alta  Calif ornian,  May  3,  1891. 

"  Ibid. 

n  For  the  preparation  of  this  article  the  writer  was  so  fortunate  as  to  receive 
the  kind  assistance  of  Mr.  Seward  Cole,  of  Los  Angeles,  who  very  generously  made 
available  the  use  of  a  file  of  papers  relating  to  the  Itata  incident  which  had  been 
preserved  among  his  brother's  effects.  Documents  thus  made  use  of  will  be 
referred  to  as  "Cole  Papers".    See  Daily  Alta  Californian,  May  7,  1S91. 

74  Cole  papers, 

75  Ibid. 

76  Ibid.  This  information  was  probably  given  to  the  attorney  general  by  Mr. 
Lazcano  orally,  for  his  written  communication  as  published  in  For.  Rel.,  1892, 
p.  316,  bears  the  date  of  May  5. 


208  THE   HISPANIC   AMEEICAN   HISTORICAL   REVIEW 

to  which  Cole  replied  the  next  day: 

Best  way  to  secure  schooner  Robert  &  Minnie  is  to  detain  steamer 
Rata.  Shall  it  be  done?  Please  telegraph  me  authority  to  go  to 
San  Diego.77 

Not  wishing  to  leave  any  stone  unturned,  Mr.  Lazcano  evi- 
dently took  the  matter  up  with  the  Treasury  Department  also 
for  on  the  morning  of  May  5,  the  collector  of  customs  at  San 
Diego  received  orders  to  detain  the  Robert  &  Minnie,  and  watch  the 
Itata,  followed  by  another  message  in  the  afternoon  ordering 
the  detention  of  both  ships.78 

In  the  meantime,  Judge  Brunson  must  have  taken  the  matter 
up  with  Mr.  Cole  for  at  12:30,  on  May  5,  Marshal  Gard  in  San 
Diego  received  a  message  from  Los  Angeles  signed  by  Frank 
Flint,79 

Be  prepared  to  seize  the  Itata  within  the  next  hour  or  two.  Brunson 
acting  with  the  United  States  Attorney  advises  this  upon  information 
from  Washington  and  by  consent  of  the  Attorney  General.80 

confirmation  of  which  from  Cole  was  received  by  the  marshal  at 
12:56.81 

Later  on  in  the  day,  Mr.  Cole  evidently  became  fearful  that 
the  information  which  had  come  through  Mr.  Foster  might  not 
be  authoritative  for  at  1:28  a  message  reached  San  Diego  ad- 
dressed to  Marshal  Gard, 

Don't  seize  steamer  Itata  unless  necessary  to  prevent  leaving  port.82 

This  message  came  too  late  for  the  purpose.  That  afternoon 
Marshal  Gard  wired  Cole: 

Pursuant  to  your  previous  orders  I  seized  the  Chilian  Steamer  Itata, 
and  placed  deputy  in  charge  and  all  ready  to  start  with  tug  for  Robert  & 

77  Cole  papers. 

78  Ibid. 

79  Frank  P.  Flint,  later  senator  from  California,  was  a  clerk  in  the  office  of  the 
United  States  Marshal,  Los  Angeles,  Cal.,  1888-1892.  (Who's  Who  in  America, 
1920-21,  p.  971.) 

80  No.  242,  U.  S.  vs  Trumbull,  Papers  in  the  case,  Government  Exhibit  No.  2 

81  Ibid.    Government  Exhibit,  No.  3. 

82  Ibid.    Government  Exhibit,  No.  1 


THE    ITATA   INCIDENT  209 

Minnie  when  received  your  telegram  to  await  further  orders.  Have  not 
released  nor  disclosed  your  telegram  to  Captain.  Must  have  positive 
instructions  before  twelve  to-morrow  or  will  release  ship  and  she  will 
sail.     Instruct  me  promptly.     Delay  is  dangerous.83 

Cole  replied,  still  advising  delay  until  he  could  hear  further 
from  Washington.84  He  also  wired  Washington  for  definite 
instructions  as  to  the  seizure  of  the  I  lata.65 

Later  Cole  decided  to  go  to  San  Diego  without  waiting  for 
instructions  from  Washington,  which  he  did,  and  there  the  next 
morning  received  the  following  wire  from  Mr.  Miller,  dated 
May  6, 

Of  course  go  to  San  Diego.     My  information  is  that  the  Etata  and 
Robert  &  Minnie  are  acting  [in]  concert  with  a   view  to   hostilities 
against  the  Government  of  Chile,  that  the  Etata  is  to  take  from  the 
Robert  &  Minnie  its  cargo  of  arms  and  munitions.     Detain  and  libel, 
both  vessels  and  especially  the  cargo  of  arms  and  munitions.86 

During  the  afternoon  of  May  5th  both  Marshal  Gard  and  Cus- 
toms Officer  Berry  had  gone  in  search  of  the  Robert  &Minnie 
but  without  success.87 

The  morning  of  the  6th,  Gard  received  orders  direct  from 
Miller  to  detain  the  "Etata"  and  seize  the  Robert  &  Minnie.** 
The  attorney  general  at  this  time  evidently  began  to  be  worried 
as  to  the  legal  aspects  of  the  question,  for  in  the  above  message 
information  was  solicited  as  to  the  kind  of  flag  which  the  Itata 
was  flying,  and  in  the  afternoon  two  messages  were  received  by 
the  marshal  advising  him  not  to  use  force  in  the  seizure  of  the 
Robert  &  Minnie,  and  not  to  "attempt  seizure  outside  our  league 
limit".89 

83  Cole  papers. 

•*  Ibid. 

85  Ibid. 

M  Ibid. 

87  Daily  Alta  Calif ornian,  May  6,  1891. 

88.  No.  242  U.  S.  vs  Trumbull,  Papers  in  the  case,  Government  Exhibit,  No.  4. 

8»  Ibid. 


210  THE    HISPANIC   AMERICAN    HISTORICAL    REVIEW 

The  loading  of  supplies  on  the  Itata,  as  mentioned  above  was 
carried  on  rapidly  during  the  5th  and  6th.90 

About  4:00  on  the  afternoon  of  the  6th,  Marshal  Gard  went 
on  another  fruitless  chase  of  the  Robert  &  Minnie  which  immedi- 
ately went  into  Mexican  waters.  Scarcely  had  the  marshal's 
tug  left  the  harbor  when  the  Itata  weighed  anchor  and  at  5 :  00 
quietly  steamed  out  of  the  bay.  In  a  short  time  it  disappeared, 
apparently  headed  north.91  With  the  escape  of  the  Itata  a  new 
phase  of  the  Itata  Incident  came  into  being. 

4.  The  escape  oj  the  Itata  was  considered  an  affront  to  the  dignity 
of  the  United  States,  an  affront  which  was  finally  removed  by  the 
peaceful  delivery  of  the  Itata  into  the  custody  of  the  United  States 
cruiser  Charleston  which  had  unsuccessfully  given  chase  to  it,  and 
its  return,  together  with  its  cargo,  to  the  port  of  San  Diego. 

On  the  evening  of  May  6,  Mr.  Cole  sent  the  unwelcome  news 
to  the  attorney  general. 

Gard  has  left  on  tug  to  bring  in  Robert  &  Minnie.  The  Itata 
although  seized  sailed  shortly  after  Gard  left.92 

As  is  to  be  expected,  on  the  morning  of  the  7th,  the  papers 
of  the  country  were  full  of  accounts  regarding  the  escape  of  the 
Itata.  The  deputy  marshal  who  had  been  placed  on  board  the 
Itata  was  put  ashore  at  Ballast  Point  by  the  captain  of  the  Itata 
shortly  after  the  latter  left  the  bay.  From  this  point,  he  suc- 
ceeded in  reaching  San  Diego  the  evening  of  the  escape.  He  was 
eagerly  interviewed  by  the  representatives  of  the  press,  and  the 
story  he  told  showed  that  when  the  government  acquired  Mr. 
Spaulding  for  deputy  marshal,  the  literary  world  lost  a  prime 
romancer: 

Deputy  Spaulding  says  the  first  intimation  he  had  of  the  vessel's 
preparations  to  leave  was  hasty  movements  on  the  part  of  the  crew, 
and  when  the  captain  invited  him  to  his  cabin  from  the  dining-room, 

90  These  consisted  of  40  head  of  cattle,  25  head  of  sheep,  3,000  lbs.  dressed  meat 
and  800  tons  of  coal,  the  last  named  from  Spreckels'  bunkers.  See  San  Francisco 
Evening  Bulletin,  May  6,  1891 . 

81  Daily  Alta  Calif ornian  May  7,  1891. 

n  Cole  Papers. 


THE   ITATA   INCIDENT  211 

he  was  surprised  to  find  the  steamer  under  full  headway.  He  then 
made  the  following  statements: 

"Going  into  the  captain's  cabin,  I  was  joined  by  three  passengers. 
They  exhibited  revolvers  and  asked  me  if  I  was  armed,  Capt.  Manzeum 
acting  as  spokesman.  He  then  said,  'I  have  contraband  goods  on  board 
and  it  is  life  or  death  with  me.'  I  was  so  dumfounded  that  I  could  not 
answer.  He  then  called  two  of  the  Chilean  crew  and  they  stood  guard 
near  the  door,  each  armed  with  revolvers  and  a  rifle.  He  then  told  me 
not  to  be  alarmed,  but  that  if  I  went  out  of  the  cabin  during  his  absence 
he  would  not  be  responsible  for  what  would  happen.  He  told  me  also 
that  if  I  attempted  to  give  a  sign  or  to  jump  overboard  he  would  not  be 
responsible  for  the  result. 

"About  this  time  I  noticed  them  lifting  out  of  the  hold  four  small 
steel  cannons  which  they  immediately  after  placed  in  position  on  the 
upper  deck,  three  of  them  on  the  forward  part  of  the  vessel  and  one  aft. 
All  four  of  which  guns  they  loaded  in  my  presence.  The  captain  then 
stated  that  he  intended  putting  me  off  at  Ballast  Point.  He  then  led 
me  out  of  the  cabin  followed  by  his  companions,  each  taking  their 
revolvers. 

"On  reaching  the  bridge  I  found  on  the  deck  below  100  Chileans,  all 
armed  to  the  teeth,  each  having  a  repeating  rifle  and  revolver,  dressed 
in  a  uniform  consisting  of  red  cap  and  jackets. 

"The  captain  laughed  and  said:  'See,  we  have  changed  to  a  man-of- 
war.'  I  looked  at  the  pilot  and  said,  'Are  you  going  to  guide  the  ship 
out?'  The  captain  spoke  up  and  said:  'No,'  (exhibiting  a  revolver), 
'this  is  going  to  guide  it.' 

"By  this  time  we  were  nearing  the  entrance  to  the  harbor,  and  the 
captain  gave  orders  to  the  crew  to  put  over  a  ladder,  which  he  escorted 
me  to  and  said, '  You  must  excuse  me  for  putting  you  to  this  annoyance, 
as  I  am  not  in  command  of  this  ship.'  The  Itata  then  passed  out  of  the 
bay,  heading  north. " 

Another  version  of  the  escape  of  the  Itata  was  sent  out  from 
San  Diego  at  the  same  time,  a  version  which  later  events  proved 
to  be  more  near  the  truth  than  that  given  by  the  romancing 
deputy  marshal. 

The  story  about  cannon  and  small  arms  aboard  the  Itata,  also  about 
Pilot  Dill's  standing  at  the  helm  between  armed  men  is  moonshine. 
The  Itata  was  searched  by  the  customs'  officers  and  had  no  arms  or 


212  THE   HISPANIC   AMERICAN   HISTORICAL   REVIEW 

armament  except  the  small  guns  usual  for  firing  signals.  Pilot  Dil1 
was  aboard  voluntarily  and  by  prearrangement.  Spencer  (i.e.  Spaulding) 
was  put  off  in  the  pilot  boat  at  the  entrance  to  the  harbor. 

Marshal  Gard  wants  to  make  it  appear  that  the  Itata  was  formidable 
so  as  to  let  himself  down  easy  for  permitting  her  to  escape.  He  claimed 
to  have  orders  to  detain  her  by  any  means,  yet  allowed  her  to  lie  in 
the  stream  two  days  with  steam  up,  and  did  nothing  either  to  draw  her 
fires  or  tie  up  her  machinery.  He  drank  champagne  with  her  captain. 
The  Marshal  is  a  butt  of  ridicule  here  for  talking  so  loud  about  what  he 
was  authorized  to  do  to  detain  the  Itata  and  then  doing  nothing  but 
put  a  man  aboard  to 

PLAY  BEAN  POKER 

and  drink  fine  wines  while  the  Marshal  himself  steamed  around  the  bay 
and  outside  the  heads  in  an  old  tug  that  couldn't  make  over  five  miles 
an  hour  with  four  soldiers  from  the  barracks  to  defend  him  and  a  lot 
of  newspaper  men  to  exploit  his  wonderful  official  achievements. 
The  Itata  no  doubt  went  to  San  Clemente.93 

On  May  7,  Mr.  Cole  sent  a  long  wire  to  Mr.  Miller  giving  him 
the  main  details  of  Deputy  Spaulding's  account  and  suggesting 
that  the  Charleston  which  was  then  at  San  Francisco  and  the 
Omaha  which  had  just  arrived  at  San  Diego  from  Acapulco,  be 
sent  to  apprehend  the  fleeing  Itata.** 

On  the  8th  of  May  the  papers  were  still  full  of  the  story  of  the 
escape  of  the  Itata  and  although  the  attorney  general  refused  to 
indicate  what  steps  had  been  taken  since  the  escape  of  the  two 
vessels,  it  was  generally  felt  that  the  Itata  would  be  captured  if 
possible.  As  the  Itata  had  been  seized  by  the  United  States 
it  was  held  that  it  was  technically  United  States  property  until 
discharged,  and  was  therefore  liable  to  recapture  on  the  high 
seas  by  a  United  States  man-of-war,  or  to  confiscation  if  it  ever 
entered  a  United  States  port.  The  case  of  the  Alabama  was  still 
fresh  in  the  minds  of  international  lawyers  and  it  was  feared 
that  the  Chilean  government  might  hold  the  United  States 
liable  for  lack  of  diligence  in  the  enforcement  of  its  neutrality 

98  Los  Angeles  Times,  May  8,  1891. 
84  Cole  Papers. 


THE   ITATA   INCIDENT  213 

laws  if  the  Itata  should  succeed  in  delivering  its  cargo  of  arms 
and  ammunition  to  the  congressional  party.96  Word  was  received 
from  Valparaiso  that  the  Itata  had  been  taken  by  force  from  its 
rightful  owners,96  and  it  was  thought  that  this  statement  would 
be  useful  in  attempting  to  fasten  the  crime  of  piracy  upon  the 
Itata.97  Deserters  from  the  Itata  were  found  in  San  Diego  and 
from  them  it  was  discovered  that  the  Itata  had  been  escorted 
on  its  trip  north  as  far  as  Cape  San  Lucas  by  the  congressional 
warship  Esmeralda.  At  Cape  San  Lucas,  the  captain  and  a 
number  of  the  crew  of  the  Esmeralda,  together  with  a  few  arms, 
had  been  transferred  to  the  Itata96  and  this  it  was  thought  could 
substantiate  the  opinion  that  the  Itata  should  be  classed  as  a 
transport.  Finally,  it  was  categorically  stated  by  the  papers 
that  the  Charleston  had  orders  to  sail  immediately  in  pursuit 
of  the  runaway.99 

In  spite  of  the  newspapers,  the  Charleston  did  not  sail  on  the 
8th,  due  it  was  said  to  the  countermanding  of  the  orders  on  re- 
ceipt of  advices  from  Admiral  McCann,  the  officer  in  command 
of  the  United  States  warships  then  in  Chilean  waters.100  The 
papers,  however,  did  not  lack  for  news;  on  the  evening  of  the 
9th  the  Robert  &  Minnie  put  in  near  San  Pedro  to  land  Pilot 
Dill.  She  was  sighted  by  Deputy  Marshal  Anderson  who  col- 
lected a  posse  and  gave  chase  in  the  tug  Falcon.  The  schooner 
was  overhauled  and  brought  to  San  Pedro  where  it  was  tied  up 
to  the  wharf.  The  pilot  and  George  Burt  were  placed  under 
arrest  but  refused  to  say  anything.  It  was  found,  nevertheless, 
that  there  was  not  a  cartridge  or  rifle  aboard  the  Robert  &  Minnie 
and  it  was  thus  known  that  the  vessel  had  either  unloaded  its 
cargo  at  a  point  on  some  island  where  it  could  be  picked  up  by 
the  Itata,  or  else  had  transhipped  it  directly  to  the  Itata,  in 
which  case  the  latter,  by  this  time,  would  be  bowling  along  on 
its  way  towards  Iquique.101 

"  Los  Angeles  Times,  May  8,  1891. 
»6  For.  Rel.,  1892,  p.  122. 

97  San  Francisco  Evening  Bulletin  June  9,  1891 . 

98  Daily  Alta  Calif ornian,  May  8,  1891;  48  Fed.  Rep.  101. 

99  Daily  Alta  Calif  ornian,  May  8,  1891. 
l0°Ibid.,  May  9,  1891. 

101  Ibid.,  May  10,  1891. 


214  THE   HISPANIC   AMERICAN   HISTORICAL   REVIEW 

In  the  meantime  the  legal  difficulties  involved  in  the  recapture 
of  the  Itata  were  giving  the  government  food  for  thought.  These 
were  neatly  summed  up  by  Chief  Justice  William  Howard  Taft, 
then  solicitor  general,  who  had  been  summoned  to  San  Diego 
by  the  illness  of  his  father,  in  three  questions  which,  Yankee-like, 
he  put  to  the  reporter  who  was  interviewing  him.  "1.  The 
Itata  surely  violated  the  law  when  she  sailed,  but,  can  a  United 
States  man-of-war  recapture  her?  2.  Was  the  United  States 
Deputy  Marshal  remiss  in  his  duties  in  allowing  the  vessel  to 
remain  in  the  bay  under  full  steam?  3.  If  the  Itata's  papers 
were  in  good  form,  should  the  Collector  of  Customs  have  inves- 
tigated for  the  presence  of  arms?"102  To  add  to  the  puzzlement 
of  the  public  it  was  reported  that  while  Attorney  General  Miller 
and  Secretary  Tracy  of  the  navy  department  both  thought  the 
Itata  could  be  recaptured,  the  rest  of  the  administration  did  not 
think  so.103  It  was  further  reported  that  the  navy  department 
was  not  exercising  itself  for  the  recapture  of  the  Itata.  The 
hope  was  expressed  that  the  Itata  did  not  start  for  Chile.  It 
appeared  to  Washington,  according  to  the  newspapers,  that  the 
Itata  did  not  receive  the  arms  from  the  Robert  &  Minnie  and  the 
report  was  prevalent  that  the  Itata  had  gone  north;  it  was  gener- 
ally believed,  however,  that  it  was  lurking  near  San  Diego.104 

Not  till  the  11th  of  May  did  the  authorities  at  Washington 
give  out  any  definite  information  as  to  what  had  been  planned. 
Mr.  Raymond,  secretary  to  Mr.  Tracy,  advised  the  press  then 
that  orders  had  been  sent  the  Charleston  and  the  vessels  in  South 
Pacific  waters  to  overtake  and  seize  the  Itata  wherever  it  might 
be  found.  Further  details  could  not  be  obtained  and  the  news- 
papers were  left  to  draw  upon  the  imagination,  which,  it  goes 
without  saying,  was  done  in  characteristic  American  fashion.105 

As  an  actual  fact,  these  instructions  were  sent  out  May  8 
and  9.106     Captain  Remy,  of  the  Charleston,  received  his  orders, 

i°2  Ibid. 

i°3  Ibid.,  May  9,  1891. 

i°4  Ibid.,  May  10,  1891. 

105  Los  Angeles  Examiner,  May  11,  1891. 

i°«  House  Doc,  p.  250. 


THE   ITATA   INCIDENT  215 

which  were  substantially  the  same  as  was  announced  to  the 
press,  at  7:30  P.M.  of  the  8th.  They  were  deciphered  by  mid- 
night and  the  next  morning  at  4:45  pursuit  was  commenced. 
Captain  Remy  was  hindered  by  fog  off  Point  Concepcion  with 
the  result  that  he  did  not  reach  San  Pedro  till  8:00  of  the  eve- 
ning of  the  10th.107 

At  San  Pedro,  Captain  Remy  learned  from  the  commander 
of  the  Omaha  that  the  Robert  &  Minnie  had  been  seized;  since, 
therefore,  that  part  of  his  instructions  regarding  the  capture  of 
the  schooner  was  now  null,  he  left  the  next  morning  for  Acapulco. 
He  hoped  that  inasmuch  as  the  Esmeralda  was  expected  at 
Acapulco  to  join  the  Itata,  he  could  head  the  Itata  off  before  the 
two  ships  could  effect  a  junction.  At  noon  of  the  11th,108  the 
Charleston  was  reported  passing  Coronado  and  late  that  night 
the  S.  S.  Cresent  City,  which  arrived  at  San  Diego  on  the  12th, 
reported  having  spoken  the  Charleston  the  previous  evening 
about  ten  miles  below  Ensenada.109 

For  the  next  five  days  both  the  Itata  and  the  Charleston  were 
lost  to  the  world;  consequently,  Dame  Rumor  was  called  upon 
to  supply  the  lack  of  news.  Right  nobly  did  she  respond  to  the 
obligations  thrust  upon  her.  Washington  reported  on  the  13th 
that  the  Esmeralda  was  at  Acapulco  and  thereupon  much  con- 
cern was  manifested  as  to  whether  or  not  a  quasi-recognition 
would  be  granted  the  congressional  party.  This  worry  was  put 
to  rest  by  a  dispatch  from  Mexico  City  to  the  effect  that  steps 
had  been  taken  so  that  when  and  if  the  Itata  should  reach  any 
Mexican  port  it  would  not  be  allowed  to  land.  At  the  same 
time,  Mexico  City  learned  that  the  Itata  was  sailing  under  diffi- 

107  House  Doc,  pp.  255-256.  In  the  cable  sent  by  Captain  Remy  to  the  Navy 
Department  there  is  a  conflict  of  dates.  He  states  in  one  place  that  he  arrived 
at  San  Pedro  on  the  9th,  in  another,  on  the  10th.  The  latter  agrees  with  the  time 
necessary  to  cover  the  distance  between  San  Francisco  and  San  Pedro,  especially 
as  he  says  he  was  delayed  by  fog,  and  also  investigated  the  anchorages  near  the 
different  islands  on  tbe  way  down.  This  date  also  coincides  with  the  newspaper 
accounts.    See  Daily  Alta  Calif  ornian,  May  11,  1891. 

108  Daily  Alta  Calif  ornian,  May  12,  1891. 

109  Ibid.,  May  13,  1891.  Ensenada  is  a  bay  in  the  upper  part  of  Lower  Cali- 
fornia, just  south  of  Lat.  32°N. 


216  THE   HISPANIC   AMERICAN   HISTORICAL   REVIEW 

culties,  that  the  Charleston  was  gaining  on  it,  and  that  it  was 
expected  that  the  two  ships  would  reach  Acapulco  within  a  few 
hours  of  each  other.110 

This  news  gave  rise  to  a  number  of  interesting  questions.  If 
the  Charleston  were  to  overtake  the  Itata  could  it  sink  that  vessel 
as  a  pirate  on  the  ground  that  the  Itata' s  flag  represented  no 
constituted  authority?111  There  was  doubt  as  to  the  extent 
of  the  Itata's  crime;  it  was  not  certain  whether  or  not  it  took  on 
arms  at  all,  and  if  so,  whether  they  were  shipped  within  the 
territory  of  the  United  States.  At  the  same  time,  arguments 
began  to  arise  as  to  the  relative  fighting  abilities  of  the  Esme- 
ralda and  the  Charleston,  arguments  which  the  Secretary  of  the 
Navy  attempted  to  quash  by  a  statement  to  the  effect  that 
there  was  no  doubt  of  the  Charleston's  being  able  to  take  care 
of  itself.112 

On  the  13th,  the  report  came  from  Washington  that  the  Itata 
would  be  seized,  not  as  a  pirate  but  for  violation  of  the  customs' 
laws,  disregard  of  the  court,  and  perhaps  for  kidnapping.  If 
the  Itata  should  beat  the  Charleston  to  Acapulco,  it  was  expected 
that  the  latter  would  wait  outside  the  harbor  until  the  twenty- 
four  hours  allowed  by  international  law  should  elapse  and  then 
capture  the  Itata  as  it  emerged.  At  the  same  time  wild  rumors 
started  coming  from  Mexico  City  to  the  effect  that  the  Itata 
had  been  sunk;  on  the  14th,  the  Anglo-American  of  Mexico  City 
printed  a  special  message  from  San  Bias  repeating  the  story. 

On  the  16th,  the  Charleston  was  finally  heard  from.  It  reached 
Acapulco  at  6:00  that  morning,  two  hours  ahead  of  the  Esme- 
ralda. Nothing,  however,  had  been  heard  of  the  Itata,  although 
the  general  opinion  seemed  to  be  that  it  had  gone  south.  Cap- 
tain Remy  also  gave  it  as  his  belief  that  the  Esmeralda,  if  con- 
voying the  Itata  would  not  surrender  it  without  a  fight.113 

The  Charleston  finished  coaling  on  the  17th,  and  that  evening 

110  Daily  Alta  Californian,  May  13,  1891. 

111  San  Francisco  Evening  Bulletin,  May  12,  1891. 

112  Daily  Alta  Californian,  May  13,  1891. 

113  House  Doc,  pp.  255-6. 


THE   ITATA   INCIDENT  217 

started  south,  leaving  the  Esmeralda  in  port.11*  Orders  had  been 
sent  to  Captain  Remy  to  try  Panama  and  then  watch  off  Arica.115 
Nothing  further  was  heard  from  the  Charleston  until  May  27, 
when  Captain  Remy  reported  his  arrival  at  Callao,  Peru.118 
From  thence  h£  sailed  to  Arica  and  on  June  4,  by  order  of  Ad- 
miral McCann,  the  Charleston  arrived  in  Iquique.117  without 
having  seen,  or,  much  less,  having  captured  the  Itata.  Thus 
ingloriously  ended  the  celebrated  "Chase  of  the  Itata". 

And  just  as  inglorious,  from  the  standpoint  of  military  glamor, 
was  the  final  return  of  the  Charleston  and  the  Itata  to  the  port 
from  which  the  latter  had  stolen  away  the  evening  of  May  6. 

After  putting  the  deputy  marshal  ashore  at  Point  Ballast, 
the  Itata  had  proceeded  to  a  point  near  San  Clemente  Island 
previously  agreed  upon  with  the  Robert  &  Minnie.  On  the 
9th  day  of  May  the  Itata  and  the  Robert  &  Minnie  came  together 
about  a  mile  and  a  half  southerly  of  San  Clemente,  some  forty 
miles  off  the  coast.118  There  the  arms  and  ammunition  bought 
by  Mr.  Trumbull  were  taken  from  the  schooner  and  put  on 
board  the  Itata  in  their  original  packages  and  the  Itata  left  at 
once  for  Chile.119 

Its  engines  and  boilers  were  in  bad  shape  and  its  shaft  was 
much  out  of  line;  consequently  the  Itata  could  not  make  much 
more  than  seven  knots  an  hour.120  Its  chronometer  was  a  great 
deal  out.121  As  a  result  when  it  hit  the  Chilean  coast  at  Toco- 
pilla  on  June  3,  the  captain  did  not  know  what  part  of  the  coast 
he  was  going  to  strike.     In  order  to  avoid  any  possibility  of 

114  Daily  Alta  Calif ornian,  May  19,  1891. 

"•  House  Doc,  p.  253. 

"•  Ibid.,  p.  263. 

117  Ibid.,  p.  267. 

"•  For.  Rel.  1892,  p.  317. 

119  48  Fed.  Rep.  102.  A  clean  receipt  for  the  delivery  of  the  cargo  was  signed 
by  George  Burt  on  May  7,  at  "Southeast  Harbor",  San  Clemente  Island,  U.  S.  A. 
No.  242,  U.  S.  vs.  Trumbull,  Papers  in  the  case,  Government  Exhibit  No.  7. 

"°  House  Doc,  p.  267. 

1,1  Sir  William  Laird  Clowes  says  (p.  151,  supra  cit.),  "Her  captain,  who  had 
let  his  chronometer  run  down  and  had  lost  his  charts,  had  to  navigate  by  dead 
reckoning  and  a  general  chart  of  the  coast."  His  account  is,  however,  so  full  of 
errors  that  one  is  at  a  loss  to  know  what  to  believe. 


218  THE   HISPANIC   AMERICAN   HISTORICAL   REVIEW 

meeting  with  Balmaceda's  ships  the  Itata  had  followed  a  course 
a  considerable  distance  out  from  shore  all  the  way  down.122 
This  explains  the  fact  that  no  other  vessel  spoke  it  during  the 
whole  trip.  Under  the  circumstances  the  captain  proved  him- 
self to  be  a  most  skillful  navigator  and  it  can  well  be  realized 
what  his  chagrin  and  disappointment  must  have  been  when  he 
reached  Iquique  and  learned  that  all  his  efforts  had  been  in 
vain. 

On  May  10,  Admiral  Brown,  who  had  been  ordered  south  to 
relieve  Admiral  McCann  of  the  command  of  the  United  States 
ships  in  South  Pacific  waters,123  arrived  at  Iquique  and  imme- 
diately paid  his  respects  to  the  head  of  the  congressional  govern- 
ment. As  a  result  of  this  interview,124  on  May  13,  he  received 
the  following  communication  from  the  Congressional  Minister 
of  Foreign  Affairs. 

Iquique,  May  13,  1891. 

The  Provisional  Government  has  learned  by  telegram  of  the  Associ- 
ated Press  that  the  transport  Itata,  detained  at  San  Diego,  California, 
by  order  of  the  United  States  Government  for  taking  aboard  munitions 
of  war,  and  being  in  custody  of  the  United  States  marshal  left  port 
carrying  that  officer,  who  was  landed  at  a  point  upon  the  coast,  and 
continued  the  voyage.  The  Government  has  ascertained  nothing 
respecting  any  act  of  the  Itata  since  San  Diego.  If  the  news  be  correct, 
this  Government  would  deplore  the  conduct  of  the  Itata  and  as  an  evi- 
dence that  it  is  not  disposed  to  support  or  acknowledge  an  infraction  of 
the  United  States  law,  the  subscriber  takes  advantage  of  the  personal 
relation  you  have  been  good  enough  to  maintain  with  him  since  your 
arrival,  to  declare  to  you  that  as  soon  as  the  Itata  is  within  reach  of 
orders,  this  Government  will  place  her,  with  munitions  of  war  taken 
aboard  at  San  Diego,  at  the  disposition  of  the  United  States  through  the 
worthy  agency  of  yourself,  in  order  that  the  United  States  laws,  inter- 
rupted at  San  Diego  may  follow  their  course. 

I  have  the  honor  to  subscribe  myself,  the  Chilean  minister  of  foreign 
affairs,  • 

"Isidoro  Errazuriz.  "125 

122  No.  248,  U.  S.  vs  Itata.    Papers  in  the  case,  Deposition  of  Ira  M.  Hollis. 

123  House  Doc,  p.  261. 

124  Mem.  de  la  Rev.,  p.  192. 

125  House  Doc,  pp.  253-254. 


THE    IT  ATA   INCIDENT  219 

With  this  as  a  start  negotiations  were  carried  to  a  successful 
conclusion.  On  May  16,  Admiral  Brown  was  placed  at  liberty 
to  state 

unofficially  and  informally  that  if  the  Itata  is  restored  to  the  custody 
of  the  United  States  marshal,  with  the  arms  and  munitions  of  war 
received  from  the  schooner  Robert  &  Minnie,  it  will  entirely  relieve  the 
present  situation.126 

At  the  same  time  the  orders  as  to  the  seizure  of  the  Itata  were 
changed  to  read, 

If  Itata  is  found  in  the  tentorial  waters  of  any  government  except 
Chile,  do  not  seize,  but  watch  and  telegraph  Department. 

The  United  States  authorities,  however,  took  no  chances; 
the  Charleston  was  ordered  to  follow  the  Esmeralda  and  see  that 
no  transfer  of  arms  was  made  from  the  Itata  to  the  Esmeralda 
and  Admiral  McCann  was  ordered  to  remain  in  the  waters  of 
northern  Chile  with  the  Pensacola  until  the  return  of  the  Itata 
was  definitely  assured.127  On  the  17th,  Admiral  Brown,  having 
received  written  assurance  from  the  congressional  government 
that  the  Itata  would  be  returned,  wired  the  navy  department 
that  he  considered  the  orders  respecting  the  chase  of  the  Itata 
revoked.128  Confirmation  of  this  policy  was  immediately  re- 
ceived by  him,  together  with  the  statement: 

Department  expects  you  will  see  that  the  Itata  is  returned  to  custody 
of  court  at  San  Diego  with  everything  on  board.  The  method  and  man- 
ner are  left  to  your  discretion.129 

During  the  next  few  days  the  news  of  the  negotiations  began 
to  leak  out  in  the  newspapers.  Unfortunately,  they  were  not 
entirely  consonant  with  the  facts  of  the  case;  one  statement  was 
to  the  effect  that  it  was  expected  the  Itata  would  be  allowed  to 
unload  before  its  surrender.     This  bit  of  news  excited  some  un- 

128  Ibid.,  p.  255. 
127  Ibid.,  p.  257. 
»« Ibid. 

129  Ibid.,  p.  258. 


220  THE    HISPANIC   AMERICAN   HISTORICAL   REVIEW 

easiness  in  the  minds  of  the  authorities  at  Washington  and  on 
May  21,  Mr.  Tracy  wired  McCann: 

A  report  comes  from  the  Congressional  Agents  in  Paris  that  the  ship 
only  is  to  be  given  up  and  not  the  arms.  This  is  contrary  to  promises 
reported  and  Admiral  McCann  is  instructed  to  guard  against  such  a 
breach  of  faith.130 

To  this  McCann  replied  that 

the  insurgents  promise  that  if  the  Itata  comes  within  their  control  she 
will  be  ordered  to  Iquique.131 

Later  the  administration  again  became  disquieted  by  rumors 
to  the  effect  that  the  arms  had  already  been  delivered  to  the 
Esmeralda,  which  had  finally  succeeded  in  coaling  at  Acapulco, 
Admiral  McCann  once  more  took  the  matter  up  with  the  Con- 
gressional authorities.     They  replied, 

The  commander  of  the  Esmeralda  has  orders  to  surrender  the  arms 
received  from  the  Itata  or  schooner, — this  order  will  be  repeated,  and — 
not  an  article  will  be  landed  until  arrangements  are  made  for  their 
surrender  at  San  Diego.132 

During  all  these  negotiations  both  governments  were  com- 
pletely in  the  dark  as  to  the  whereabouts  of  the  Itata,  doubts 
which  were  not  removed  until  June  3,  when  the  Itata  arrived  at 
Tocopilla,  120  miles  south  of  Iquique.  The  same  night  the 
vessel  was  ordered  to  report  to  Iquique.  Although  it  had  com- 
municated with  the  Esmeralda  off  Acapulco,  it  had  made  the 
rest  of  the  trip  without  touching  any  port  or  speaking  any  vessel. 
The  following133  day,  June  4,  an  aid  from  Captain  Montt,  the 
head  of  the  congressional  party,  advised  Admiral  McCann  that 
the  Itata  was  at  his  disposition.134 

At  first,  in  spite  of  its  agreement,  the  congressional  party  was 

»"  Ibid.,  p.  259. 

181  Ibid.,  p.  260. 

»*  Hotfse  Doc.  p.  264. 

™Ibid.,  p.  266. 

134  Ibid.,  p.  267. 


THE   ITATA   INCIDENT  221 

inclined  to  put  obstacles  in  the  way  of  the  actual  return  of  the 
Itata.  The  Minister  of  Foreign  affairs  attempted  to  show  that 
the  transfer  of  arms  had  been  made  outside  the  jurisdiction  of 
the  United  States,135  and  later  a  delay  was  attempted  by  retarding 
as  much  as  possible  the  repair  work  necessary  to  put  the  Itata  in 
shape  for  the  return  voyage.136  Admiral  McCann,  however, 
was  adamant  in  his  refusal  to  admit  of  any  deviation  from  the 
agreement.  A  force  of  engineers  from  the  United  States  war- 
ships was  sent  aboard  the  Itata  to  make  the  necessary  repairs, 
and,  these  done,137  the  Itata  left  for  San  Diego  on  the  evening 
of  the  13th,  convoyed  by  the  Charleston.139 

The  return  trip  was  made  without  incident.  Captain  Tejeda 
of  the  Itata  accepted  the  situation  in  sportsmanlike  manner.139 
Four  times  during  the  voyage  he  sent  on  board  the  Charleston 
fresh  meat  for  the  entire  crew,  and  offered  to  let  the  Charleston 
have  coal  if  it  should  be  needed.  Captain  Remy  returned  the 
compliments  as  far  as  possible,  sending  to  Captain  Tejeda  a 
supply  of  California  wines  and  cigars.140  On  July  4,  the  two 
ships  reached  San  Diego.  The  Itata  was  taken  charge  of  by  the 
collector  of  the  port141  until  the  8th,  when,  in  response  to  orders 
from  District  Attorney  Cole,  Marshal  Gard  formally  made  the 
second  seizure  of  the  Itata,  and,  this  time,  also  took  possession 
of  the  arms  and  ammunition.142 

5.  The  return  oj  the  Itata  and  consequent  loss  of  its  cargo  was  a 
bitter  blow,  and  engendered  much  hard  feelings — feelings  which 
were  not  lessened  by  the  fact  that  eventually  when  the  case  came  to 
trial,  the  court  decided  in  favor  of  the  Itata,  and  thereby  stamped 
the  whole  Itata  Incident  as  having  been,  at  least  from  the  standpoint 
of  the  congressional  party,  quite  unnecessary. 

IU  For.Rel.,  1892,  p.  317. 

i"  House  Doc,  p.  26. 

l"  Ibid.,  p.  269. 

118  Ibid.,  p.  271. 

1,8  Mem.  de  la  Rev.,  p.  406.  Capt.  Manzenn,  previously  mentioned,  was  only 
the  navigating  officer  of  the  Itata,  and  Captain  Tejeda  was  the  real  representative 
of  the  Congressional  Party. 

140  House  Doc,  p.  274. 

141  San  Francisco  Evening  Bulletin,  July  8,  1891. 

142  Cole  papers. 


222  THE   HISPANIC   AMERICAN   HISTORICAL   REVIEW 

It  is  hardly  necessary  to  state  that  the  return  of  the  Itata 
excited  a  very  bitter  feeling  against  the  United  States  among 
the  members  of  the  congressional  party.143  Up  to  the  3rd  of 
June,  the  revolutionists  had  not  received  any  arms  from  abroad.144 
Only  six  thousand  men  had  been  enlisted  in  the  army;  ten  thou- 
sand might  easily  have  been  enrolled  but  there  were  no  arms  for 
them  to  use,  and  therefore  they  were  kept  busy  in  the  nitrate 
fields  producing  the  revenues  which  it  was  hoped  some  day  could 
be  converted  into  munitions  of  war.145  As  a  result,  the  leaders 
of  the  congressional  party  had  a  hard  time  keeping  up  the  morale 
of  its  army;  although  very  high  at  the  beginning  of  the  struggle, 
it  gradually  dropped  as  no  arms  were  to  be  had,  and  the  prospect 
of  getting  any  seemed  rather  indefinite.  Furthermore,  the  con- 
gressional party  felt  that  its  success  depended  on  an  aggressive 
campaign  which  it  knew  must  be  undertaken  before  the  arrival 
of  the  two  ships  being  finished  in  Europe  for  Balmaceda.  Once 
he  should  have  at  his  command  the  Presidentes  Errazuriz  and 
Pinto,  Balmaceda  would  in  all  probability  be  able  to  gain  control 
of  the  sea  and  in  that  case  the  cause  of  the  congressional  party 
would  be  lost.146 

It  was  later  claimed  that  the  loss  of  the  Itata' s  cargo  delayed 
the  congressional  advance  for  at  least  two  months,147  a  period 
which  was  important  not  only  because  of  the  danger  of  the  arrival 
of  the  Presidentes  in  the  interim,  but  also  because  of  the  fact 
that  living  conditions  were  exceedingly  difficult  in  Iquique. 
The  town  lies  on  a  level  sandy  tract  standing  out  at  the  foot  of 
barren  hills  which  rise  to  a  height  of  some  two  to  three  thousand 
feet  immediately  behind  it.  On  either  side  of  the  town,  and  not 
more  than  a  mile  or  so  from  it,  the  hills  approach  the  sea  again, 
so  that  the  only  means  of  reaching  the  interior  is  by  surmount- 
ing them.  As  rain  never  falls  in  this  district  the  hills  are  per- 
fectly destitute  of  verdure.148     Consequently  all  the  necessaries 

143  House  Doc,  p.  274;  For.  Rel.,  1892,  p.  141. 

144  Vicente  Grez,  Viaje  de  Desherro  (Santiago,  1893),  pp.  83-84. 
146  House  Doc,  p.  254. 

146  Dyer,  ut  supra,  Califomian  Illustrated  Magazine  I,  139. 

147  Jose"  M.  Santa  Cruz,  in  North  American  Review  CLIII.  412. 

148  A.  P.  Crouch,  "The  Bombardment  of  Iquique",  in  Nineteenth  Century, 
XXIX.  (1891),  998. 


THE   ITATA   INCIDENT  223 

of  life,  food  supplies,  and  coal  had  to  be  bought  from  coasting 
tramp  steamers.149  A  large  part  of  the  foodstuffs  had  previously 
come  from  southern  Chile,  as  they  still  do  today  for  this  region, 
but  as  southern  Chile  was  in  the  hands  of  the  Balmacedists  the 
normal  trade  was  interrupted.  In  February,  the  steamer  Es- 
meralda overhauled  the  British  S.  S.  West  Indian  and  it  was 
only  by  standing  firmly  upon  his  rights  as  an  Englishman  that 
the  captain  was  able  to  prevent  the  seizure  of  the  cargo  after  he 
had  refused  to  succumb  to  offers  calculated  to  make  the  most 
obdurate  captain  release  his  cargo.160  The  scarcity  of  powder 
was  so  great  during  the  time  the  Charleston  was  in  the  harbor 
that  the  usual  salutes  were  dispensed  with.181 

As  a  final  summing  up  of  what  the  departure  of  the  Itata 
must  have  meant  to  the  congressional  party,  the  best  that  one 
can  do  is  to  give  the  statement  of  Agent  Trumbull  to  a  reporter 
in  Washington, 

If  we  had  5,000  arms  we  could  wipe  Balmaceda's  army  off  the  face 
of  the  earth.152 

This  statement  was  eventually  proved  true,  but  the  arms  used 
were  not  those  purchased  by  Mr.  Trumbull. 

With  the  delivery  of  the  Itata  into  the  hands  of  the  United 
States  marshal  at  San  Diego,  the  Itata  Incident  may  be  considered 
closed  as  regards  its  effect  on  the  United  States  relations  with 
the  congressional  party.  From  that  time  on  it  merges  with 
the  other  incidents  which  eventually  lead  up  to  the  Baltimore 
Affair. 

Early  in  September  1891,  Balmaceda  was  overthrown  and 
with  his  suicide  on  the  18th  of  September,  the  day  on  which  his 
term  officially  came  to  a  close,  all  opposition  to  the  congressional 
party  ceased.  This  of  course  cast  a  different  light  on  the  status 
of  the  Itata  and  although  it  is  an  open  question  as  to  whether  or 

149  Daily  Alta  California,  May  15,  1891;  San  Franciscan  Evening  Bulletin, 
May  14,  1891. 

180  San  Francisco  Evening  Bulletin,  May  14,  1891. 

151  No.  242,  U.  S.  vs.  Itata,  Papers  in  the  case,  Deposition  of  Ira  M.  Hollis. 

152  San  Francisco  Evening  Bulletin,  June  11,  1891. 


224  THE   HISPANIC   AMERICAN   HISTORICAL   REVIEW 

not  in  the  opposite  case  the  government  would  have  won  its 
suits  against  Trumbull,  the  Itata,  and  the  arms  and  ammunition, 
the  fact  of  the  matter  is  that  Judge  Ross  continued  the  line  of 
reasoning  he  laid  down  in  his  dismissal  of  the  case  against  the 
Robert  &  Minnie,163  July  6,  1891,  and  decided  the  other  three 
cases  also  in  favor  of  the  defendants.164 

The  Itata  meanwhile  had  been  released  under  bond  on  Octo- 
ber 4,  left  San  Diego  two  days  later,  and  arrived  at  Valparaiso, 
November,  4,  1891. 186 

The  cases  against  the  Itata  and  the  Arms  and  Ammunition 
were  appealed,  but  the  circuit  court  of  appeals,  9th  circuit,  on 
May  8,  1893  upheld  the  decisions  of  Judge  Ross.156  It  is  possible 
that  had  President  Harrison  been  reelected  the  case  would  have 
been  carried  to  the  supreme  court,  but  President  Cleveland  did 
not  see  fit  to  push  the  matter  any  further.  It  is  significant, 
however,  that  in  the  case  of  the  United  States  vs.  Three 
Friends, ^  a  case  very  similar  to  that  of  the  Itata,  the  line  of 
reasoning  which  had  been  followed  by  Judges  Campbell  and 
Hutton  who  had  represented  the  government  in  the  Itata  cases, 
was  cited  and  followed  and  the  decision  of  the  lower  court  was 
this  time  reversed.158 

In  conclusion  it  may  be  pointed  out  that  an  investigation  of 
the  part  which  the  Itata  Incident  played  in  the  politics  of  the 
period  should  produce  a  most  interesting  chapter  in  American 
history.  It  was  made  the  basis  for  a  bitter  attack  on  Mr.  Foster 
when  he  became  secretary  of  state  in  1892  ;159  it  was  used  by 
the  enemies  of  Attorney  General  Miller  to  oppose  his  appoint- 
ment to  the  supreme  bench  in  the  spring  of  1892  ;160  and  it  pro- 
vided the  Democratic  party  with  a  weapon  by  the  use  of  which 
they  succeeded  in  making  a  vigorous  assault  on  the  foreign  policy 

183  47  Fed.  Rep.  84-85. 

1M  48  Fed.  Rep.  99;  and  49  Fed.  Rep.  646. 

158  Mem.  de  la  Rev.,  p.  409. 

»•  56  Fed.  Rep.  505. 

187 166  U.  S.  1. 

168  Opinion  expressed  in  a  letter  to  the  writer  by  Judge  A.  W.  Hutton. 

1S»  Los  Angeles  Times,  July  4,  1892. 

160  Cole  papers. 


THE   ITATA   INCIDENT  225 

of  Mr.  Harrison.181  It  had  a  bearing  on  local  California  politics. 
On  the  basis  of  his  alleged  mishandling  of  the  Itata  case,  Dis- 
trict Attorney  Cole  was  removed  to  provide  a  position  for  a  mem- 
ber of  Senator  Stanford's  political  organization.162 

In  the  world  of  international  commerce,  the  Itata  Incident 
excited  much  comment.  It  served  to  bring  into  public  view 
the  part  which  the  two  great  rivals  for  the  trade  of  Chile  were 
playing  in  the  Chilean  War.  It  was  even  claimed  that  the  firms 
of  Flint  &  Co.  and  W.  R.  Grace  &  Co.  were  attempting  to  pro- 
long the  war  for  the  benefits  which  they  were  deriving  and  would 
derive  if  the  parties  which  they  were  respectively  supporting 
should  win.163  While  the  latter  supported  the  congressional 
party,  Mr.  Charles  R.  Flint  "  Intelligently  and  selfsacrificingly 
supported  Mr.  Lazcano  in  his  laborious  tasks".164 

In  England  the  Itata  Incident  was  rather  damaging  to  our 
diplomatic  reputation.  Englishmen  were  inclined  to  regard 
the  escape  of  the  Itata  as  an  evidence  of  the  pluck  and  self- 
reliance  which  characterized  the  Chilean  navy.168  Smarting  still 
under  the  blow  to  their  pride  which  the  Alabama  Claims  Deci- 
sion gave  them,  a  certain  prominent  member  of  the  English 
press  did  not  hesitate  to  brand  the  escape  of  the  Itata  as  a  "plant" 
and  to  make  the  remark  that: 

On  the  face  of  it  what  appears  is  that  the  Itata  was  allowed  to  load 
her  contraband  of  war  by  the  connivance  of  the  authorities,  State  and 
Federal.166 

Finally,  the  story  of  the  trials  themselves  remains  to  be  written. 
Some  of  the  finest  legal  talent  in  California,  Judges  Campbell, 
Hutton,  and  White  and  Mr.  George  Denis  all  of  Los  Angeles, 
and  the  firm  of  Page  &  Eels  of  San  Francisco  appeared  before 
Judge  Ross.    John  W.  Foster  of  Washington  represented  the 

181  San  Francisco  Evening  Bulletin,  September  22,  1891. 

162  Cole  papers ;  Los  Angeles  Times,  June  8, 1892.  An  open  letter  to  Mr.  Miller 
by  Blanton  Duncan. 

181  Daily  Alta  Calif ornian,  May  8,  1891. 

184  Banados  Espinoza,  ut  supra,  II.  419. 

185  Crouch,  ut  supra,  p.  1014. 

188  Saturday  Review,  LXXI.  582. 


226  THE    HISPANIC   AMERICAN   HISTORICAL   REVIEW 

Balmaceda  party,  Judge  William  W.  Goodrich  of  New  York 
looked  out  for  the  interests  of  the  Itata,  and  solicitor  General 
William  Howard  Taft,  now  chief  justice  of  the  supreme  court, 
was  also  brought  into  the  case  from  time  to  time. 

Osgood  Hardy. 


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